Title I: Public prosecution and investigating authorities

Articles in this section · 1

Article A1

French Code of Criminal ProcedureIn force

Updated 5 Nov 2023

I.-The authorities or bodies that the public prosecutor or investigating judge, as the case may be, may, in accordance with the provisions of Article 11-1, authorise to be issued with a copy of the documents of legal proceedings in progress are:

1° The director of the body or establishment or service managing a compulsory social security scheme, for the purpose of implementing the recourse action of social security bodies against third parties responsible for bodily road traffic accidents;

2° The director of the association for the management of information on motor vehicle risk (AGIRA), for the purpose of compensating, via the Trans PV service, victims of bodily injury and, where applicable, material road traffic accidents ;

2° bis The Fonds de garantie des victimes des actes de terrorisme et d'autres infractions (Guarantee Fund for Victims of Acts of Terrorism and Other Offences), for the purpose of compensating victims of acts of terrorism;

3° The head of the hazardous materials transport mission, for the purpose of drawing up annual reports falling within its remit and monitoring accident reporting obligations;

4° The director of the Université Gustave Eiffel, for the purpose of carrying out investigations into specific accidents or types of accidents;

5° Le directeur du service technique des remontées mécaniques et des transports guidés, pour l'élaboration des rapports concernant les accidents et incidents relevant de sa compétence permettant notamment d'établir des recommandations de sécurité ;

6° Le délégué général du Centre européen d'études de sécurité et d'analyse des risques, pour la réalisation d'enquêtes concernant des accidents ou des types d'accidents déterminés ;

7° Departmental prefects for carrying out technical investigations into accidents and for carrying out the duties of departmental road safety observatories;

8° The directors of interdepartmental road directorates and companies holding motorway concessions or road engineering structures under State concessions for carrying out safety diagnostics on their networks, pursuant to l'article L. 118-6 of the Highway Code;

9° The General Delegate of the Association des sociétés françaises d'autoroutes et d'ouvrages à péage, for the production of an annual report on fatal accidents;

10° The Head of the Civil Defence and Security Inspectorate of the Ministry of the Interior, for the production of technical investigations designed to prevent accidents involving civilian or military firefighters;

11° The Director General of the Agence nationale de sécurité du médicament et des produits de santé (National Agency for the Safety of Medicines and Health Products), as well as the Directors General of the regional health agencies, for carrying out scientific or technical research or investigations, enabling the adoption, for the purposes of protecting public health, of any useful measures, in particular the necessary health police measures, intended to prevent accidents or incidents involving a product or activity under their jurisdiction;

12° The road safety and traffic delegate for the preparation, implementation and evaluation of road safety policy, pursuant to Article 3 of Decree no. 75-360 of 15 May 1975 relating to the Interministerial Committee for Road Safety;

13° The Secretary General of the Interministerial Observatory for Road Safety for the performance of its missions provided for by article 2 bis of decree no. 75-360 of 15 May 1975 relating to the interministerial road safety committee ;

14° The director of the department for studies on transport, roads and their development, the director of the centre for studies on networks, transport, town planning and public construction and the directors of the centres for technical studies on equipment for carrying out safety diagnoses and safety studies ;

15° Regional prefects for carrying out the duties of regional road safety observatories;

16° The chairmen of departmental councils for carrying out safety diagnoses of their networks, pursuant to l'article L. 131-3 du code de la voirie routière et de l'article L. 3221-4 of the General Local Authorities Code;

17° The mayors of municipalities subject to the obligation to draw up urban travel plans and the chairmen of the urban transport organising authorities responsible for carrying out the tasks of the accident observatories provided for under these plans, pursuant to article L. 1214-3 of the Transport Code and article 28 of law no. 82-1153 of 30 December 1982 on the orientation of domestic transport.

II.-The authorisation granted by the Public Prosecutor may be issued without time limit subject to the possibility of terminating it at any time, or for a specified period of time, for categories of proceedings concerning offences the nature of which it specifies.

III.-The public prosecutor or investigating judge may authorise the transmission of a copy of the procedural documents provided that the personal data contained therein has been blacked out.

IV.-The copy of the procedural documents is issued, depending on the case, by the judicial police services or units, by the court services or, unless the authorisation states otherwise, by one of the bodies or authorities referred to in I that has already obtained a copy of these documents.

V.-The above provisions are applicable without prejudice to the possibility for the public prosecutor or the investigating judge to authorise bodies or authorities to be issued with documents from legal proceedings in progress on the basis of specific provisions; these authorities and bodies are:

1° Pursuant to Articles L. 1621-13 to L. 1621-15 of the Transport Code:

The Director of the Bureau d'enquêtes techniques et administratives après accidents (BEA mer).

The Director of the Land Transport Accident Investigation Bureau (BEA-TT).

The Director of the Bureau d'enquêtes et d'analyses pour la sécurité de l'aviation civile (BEA de l'aviation civile).

2° En application de l'article L. 501-14 du code de l'environnement :

The director of the bureau d'enquêtes et d'analyses sur les risques industriels (BEA-RI).

3° Pursuant to articles L. 3125-1, L. 3125-2 and R. 3125-1 du code de la défense :

The director of the bureau enquêtes accidents défense mer (BEAD-mer);

The director of the bureau enquêtes accidents défense transport terrestre (BEAD-TT);

The director of the bureau enquêtes accidents pour la sécurité de l'aéronautique d'Etat (BEA-É).

Mariela Petrova

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Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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